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    12463 research outputs found

    Educational Innovation and the Law

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    The 2011 Notre Dame Law Review Symposium Educational Innovation and the Law Keynote Address by Gov. Chris Christiehttps://scholarship.law.nd.edu/ndls_posters/1017/thumbnail.jp

    Equality and Differences

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    A View from Guantanamo to the Homeland: Counterterrorism War Rhetoric and the Conflation of the War on Drugs with the War on Terror

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    The Notre Dame International Security Program A View from Guantanamo to the Homeland: Counterterrorism War Rhetoric and the Conflation of the War on Drugs with the War on Terror Thomas Anthony Durkin, J.D.https://scholarship.law.nd.edu/ndls_posters/1015/thumbnail.jp

    The Role of Creativity in Trademark Law

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    The article discusses various aspects of U.S. trademark law, including the differences between it and the patent and copyright branches of intellectual property law, trademark\u27s promotion of creativity, and the expansion of coverage under trademark law. The author examines the role of creativity in trademark law by analyzing the 2010 legal dispute between Stefani Germanotta, also known as entertainer Lady Gaga, and her ex-boyfriend and music producer Rob Fusari

    Preserving Civil RICO: How the Model Unfair Trade Practices Act Affects RICO\u27s Private Right of Action under the McCarran-Ferguson Act

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    The article focuses on the McCarran-Ferguson Act which hinders lawsuits of Racketeer Influenced and Corrupt Organizations Act (RICO) against insurance companies in the U.S. It offers brief background information on the Act and state insurance codes derived from Unfair Trade Practices Act (UTPA). It stresses that insurance codes in MCCarran-Ferguson Act have not been invalidated by civil RICO

    The Case against Institutional Conscience

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    The article focuses on institutional conscience and the need to limit individuals\u27 conscience clause protection. It states the pattern of hospital mergers in the 1980s and 1990s and the role of Catholic healthcare institutions. It discusses the shift from physician autonomy to patient autonomy as well as the characteristics of conscience. It also challenges the arguments for institutional conscience and suggests redefining healthcare provider in conscience legislation to eliminate institutions

    Parents: Trusted But Not Trustees or (Foster) Parents as Fiduciaries

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    Some fifteen years ago, Elizabeth and Robert Scott wrote an important article making the case that parents could be usefully described using a fiduciary model. This paper explains why their model fits foster parents better than biological or adoptive parents, at least in the sense that Tamar Frankel explains in her new book on fiduciary law

    Localism and Capital Punishment

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    Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism in the death penalty. Localism, properly viewed, is not entirely negative and may actually be quite positive. Second, and more fundamentally, there is every reason to believe the “politics of death” would operate, at the state level, to defeat the salutary purposes of Professor Gershowitz’s reforms. Thus, as intriguing as it is, the prospect of statewide enforcement holds little promise as a means of rationalizing the administration of the death penalty. Furman, capital punishment, death penalty, localism, local government, cruel and unusual punishment, jury, vicinage, prosecutorial discretion, effective assistance, right to counsel, equal protectio

    Masthead Volume 1

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    Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 4th ed.

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    This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which to re-examine general problems of policy, jurisprudence, and culture. The book goes beyond simply plugging Internet-related cases into a series of doctrinal categories, instead emphasizing conceptual issues that extend across the spectrum of cyberspace legal dilemmas. While the book addresses all of the “traditional” subject matter areas of cyberlaw, it asks readers to consider both how traditional legal doctrines can be applied to cyberspace conduct, and how the special problems encountered in the course of that application can teach us something about those traditional legal doctrines. The fourth edition, which includes contributions of new co-author Brett Frischmann, has been reorganized to clarify the themes of the book and updated to illuminate new debates at the heart of this evolving field. This edition groups the material into units addressing the who, how, and what of governance/regulation—fundamental questions that pertain to any legal system, in cyberspace or elsewhere. The fourth edition includes unit-ending case studies on governance of the domain name system, efforts to control the exchange of counterfeit goods in the online marketplace, and the Google Books Settlement, as well as updated treatment of a number of topics, including peer-to-peer file sharing, online behavioral advertising, regulation of sexually explicit speech, and ownership of user-generated content.https://scholarship.law.nd.edu/law_books/1006/thumbnail.jp

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